AMSTERDAM

Recommendations

Info

Blom bv TOWING SERVICES AND BARGE RENTAL • Tugboats • (Coupled) barges with spud poles • Pontoons/collection barges • Water transports • Storage and transhipment options • Duurzaam vervoeren * *The sustainable delivery and removal of (building) materials Blom bv S LEEPDIENST Pier Afrika 10, 1013 BK Amsterdam Tel: +31 20 686 60 07 Fax: +31 20 686 60 82 www.dekschuitenenpontons.nl EN DEKSCHUITENVERHUURDERIJ Mooring / Tender services in port area IJmuiden The Cooperative Association of Vletterlieden provides the transport of persons, packages and supplies to ships at the anchorage and to offshore wind farms. Besides communications (water taxi) the boatmen assist in mooring, unmooring and shifting of maritime-, river- and fishing boats in the port area of IJmuiden, Velsen and Beverwijk. We operate closely together with pilots, tugs and port authorities. • Mooring, unmooring and shifting of sea-going vessels in the Amsterdam port area • Marine consultancy • Supplying of complementary deck crew • Boat rental with licensed skipper • Transport and storage of provisions - bonded stores - spares - hazardous goods • Temperature controlled refrigeration and freezing storage facility • Customs services • Emergency response Email: cvv@vletterlieden.nl Tel 24/7: +31 (0)255 515354 Tel office: +31 (0)255 521796 www.vletterlieden.nl Capriweg 30, 1044 AL Amsterdam E-mail : info@dekoperenploeg.nl Phone : +31 20 44 870 90 Internet : www.dekoperenploeg.nl 48 <strong>AMSTERDAM</strong> SEAPORTS 2016
PORT LEGAL ISSUES TEXT: ERNST BULTHUIS Kilograms or packages? Limitation of liability is commonplace in international cargo transport. But what does the term mean exactly? When goods are damaged during transport, the carrier is liable to pay compensation. This liability is relatively easily adopted. Carriers have the primary obligation to deliver goods in the same condition in which they received them. If they do not, they basically have to accept liability, except in cases of force majeure. This liability is legally limited, as carriers often do not know the value of the goods, and this value is often disproportionate to the worth of the carriers’ service (i.e. the freight fee). Moreover, to ensure that the transportation of goods remains insurable, there are global liability limits. This also encourages those with a stake in the cargo to insure their own goods at full value. The above limits do not apply if carriers lose or damage a product intentionally or with recklessness bordering on intentional. In these cases, they must pay the full damages. However, it is difficult to prove such gross negligence: it must be almost entirely clear that the carrier understood that its conduct would cause damage. Difficulties If carriers wish to avoid liability, they must demonstrate force majeure: another difficult hurdle in the Dutch system. They must prove that they have done everything possible to prevent damage. This is complicated given that almost any contract of carriage could have been executed slightly better, and that damage could thereby potentially have been prevented. In other words, the Dutch polder model has also penetrated into this area. Intent on the one hand and force majeure on the other are difficult to prove, so, in short, if something goes wrong, the carrier will almost always be found to have limited liability. This limitation is calculated in different ways. In maritime law, specifically referring to transport under a bill of lading, the weight or number of goods is decisive. The limits are around €2.20 per kilogram and €750 per packaging unit, whichever is higher. For instance, if the carriage concerns one unit (bag) weighing a thousand kilograms, the limit is €2,200 (since going by one unit (package) would result in only €750). The item or package limitation is particularly interesting in case of breakbulk transport. How do we define a package? If a container (one package) contains eight hundred boxes of goods (eight hundred packages), what rule applies? As so often, the answer is given by the transport documentation. If the waybill indicates that there are six pallets (six packages) in the container (one package) with a total of eight hundred boxes of packaged goods (800 packages), the latter is considered the criterion for calculating the limited liability. In short, the key variable is the packaging unit of the product which is defined as such in the transport document. MR. ERNST BULTHUIS is maritiem advocaat en partner bij ROHE Advocaten in Amsterdam. If things are not clear, the involved parties may be on thin ice If things are not clear, the involved parties may be on thin ice. This may be negated by using the kilogram limit (given that the highest amount applies), but if this is not possible (for example, when the goods are quite light) the carrier could get away relatively unscathed with the smaller packages, namely the container or pallets. The risk can be easily prevented by being clear about the actual packaging unit and the number thereof, preventing uncertainty. After all, it will soon be spring, and there is no need for any ice, however thin. The contents of this article are to derive any rights. To submit a comment, please e-mail with: ernst@roheadvocaten.nl. <strong>AMSTERDAM</strong> SEAPORTS 2016 49
Page 1 and 2: Anthony van der Hoest: ‘Tons are
Page 3 and 4: MAGAZINE 2016 nr 2 COLOPHON WWW.AMP
Page 5 and 6: FROM THE CHAIRMAN WWW.AMPORTS.NL Se
Page 7 and 8: TOPICAL MORE ABOUT AMSTERDAM PORTS
Page 9 and 10: TOPICAL Zaandam ready for large riv
Page 11 and 12: IN THE PICTURE PHOTO: MACHIEL KRAAI
Page 13 and 14: Port of Amsterdam announced a year
Page 15 and 16: BREAKBULK WEEKLY CONNECTION TO THE
Page 17 and 18: not all European Nissan car transpo
Page 19 and 20: BREAKBULK ON THE MAP General manage
Page 21: HEAVEN of the gigantic pipe-laying
Page 24 and 25: BREAKBULK FLEXIBLE WITH FORKLIFTS F
Page 26 and 27: THREE IS THE MAGIC NUMBER What is 4
Page 28 and 29: ANNIVERSARY BOATMEN ASSOCIATION DE
Page 30 and 31: ICT OPPORTUNITIES IN A CHANGING IT
Page 32 and 33: A good plan by the entrepreneur des
Page 34 and 35: THE PROPOSITION PART 3/3 HEAT TRANS
Page 36 and 37: COMMODITIES SERVICES FOR THE AGRI,
Page 38 and 39: 2016_185x132_Bulkbreak_Amports.pdf
Page 40 and 41: FOOD SUCCESSFUL HUB FOR DEEP-FROZEN
Page 42 and 43: State-of-the-art stevedoring and wa
Page 44 and 45: New and used containers for rent an
Page 46 and 47: Mammoet helps clients improve const
Page 50 and 51: . Eigen machinale werkplaats . Revi
Page 52: You created this PDF from an applic

AMSTERDAM

Create successful ePaper yourself

Delete template?

Save as template?